Burglary and Robbery in Alabama

Burglary is knowingly entering or remaining unlawfully in a building or dwelling with intent to commit a crime there. Burglary in the third degree (a dwelling or building) is a Class C felony (not more than 10 years or less than one year and one day); burglary in the second degree (armed, causing injury, or unlawfully entering a lawfully occupied dwelling-house to commit theft or a felony) is a Class B felony (not more than 20 years or less than two years); burglary in the first degree (a dwelling, while armed with explosives or a deadly weapon, or causing injury) is a Class A felony (life or not more than 99 years or less than 10 years). Robbery is using force, or threatening the imminent use of force, against the owner or anyone present while committing a theft. Robbery in the third degree is a Class C felony; robbery in the second degree (aided by another person actually present) is a Class B felony; robbery in the first degree (armed with a deadly weapon or dangerous instrument, or causing serious physical injury) is a Class A felony. A Class A felony in which a firearm or deadly weapon was used carries not less than 20 years, and a Class B or C felony with a firearm or deadly weapon not less than 10 years.

Alabama's rule on court-appointed lawyers: 'Indigent' means a person who is financially unable to pay for his or her defense. A defendant who wants appointed counsel must complete, under oath, an affidavit of substantial hardship about his or her financial resources (court Form C-10) and may be examined under oath by the court. The court considers income, family income, property, obligations and dependents, but should not consider that the defendant was released on bond. Either side may ask the court to reconsider indigency if circumstances change. Ala. R. Crim. P. 6.3; Ala. Code 1975 §§ 15-12-1 through 15-12-5

Lawyers set their own fees, and Alabama has rules on how they may charge. See hiring a criminal defense lawyer in Alabama for fee rules, how to check a lawyer's license and free help.

How release before trial works in Alabama: Under the Alabama Constitution, all persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great. A defendant charged with capital murder is not eligible for bail if the court is of the opinion, on the evidence, that he or she is guilty. A defendant charged with an offense listed in § 15-13-3(b)(1) may be denied bail, but only after the court holds a pretrial detention hearing and considers the factors in § 15-13-3(b)(5). Others may be released on personal recognizance or an appearance bond unless the court or magistrate finds release will not reasonably assure appearance or that the defendant poses a real and present danger; the court then imposes the least onerous conditions needed, considering factors such as ties to the community, record, the nature of the offense, weapons, threats and employment. The court rules set a recommended bail schedule that courts may go above or below, e.g. Class A felony $10,000 to $60,000; Class B felony $5,000 to $30,000; Class C felony $2,500 to $15,000; Class D felony $1,000 to $10,000; Class A misdemeanor $300 to $6,000; Class B misdemeanor $300 to $3,000; Class C misdemeanor $300 to $1,000; violation $300 to $500; murder $15,000 to no bail allowed; capital murder $50,000 to no bail allowed. Ala. Code § 15-13-105 sets $300 as the minimum bail in violation and misdemeanor cases. Ala. Const. 1901 Art. I § 16; Ala. Code 1975 §§ 15-13-3, 15-13-105; Ala. R. Crim. P. 7.2 (amended eff. 3-16-2023) What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Alabama expungement and record sealing rules.